A Missouri judge is considering a lawsuit asking for an injunction against a federal rule requiring most hospital and clinic workers be vaccinated against COVID-19.
Attorneys General of 10 states, including North Dakota, sued the Biden Administration on November 10th, less than a week after the federal government announced a final rule for Centers for Medicare & Medicaid Services (CMS), that is, all facilities that provide Medicare or Medicaid services.
The rule says that even where state laws have been passed outlawing vaccine mandates as a condition of employment, the federal rule takes precedence.
The states’ lawsuit disputes the federal government’s ability to apply the mandate, saying it violates the Administrative Procedure Act and is unconstitutional. It seeks to have the rule put on hold before it is scheduled to take effect in early January.
"This lawsuit is not about whether people should get vaccinated. Instead, it is about federal overreach...." Wayne Stenehjem, North Dakota Attorney General
North Dakota Attorney General Wayne Stenehjem explained in a written statement, "Yet again, this lawsuit is not about whether people should get vaccinated. Instead, it is about federal overreach and the federal government using an unconstitutional mandate to force front-line health care workers to choose between a vaccination or unemployment." Stenehjem's statement continued, "North Dakota is already experiencing a shortage of healthcare workers, and this mandate will only exacerbate the situation."
"North Dakota is already experiencing a shortage of healthcare workers, and this mandate will only exacerbate the situation."Attorney General Stenehjem
The defendant filed a reply yesterday, Tuesday, Nov. 23, as required. It’s not known when Judge Matthew Schelp will rule on states’ legal challenge. A spokesperson for Judge Schelp's office stated this morning, Wednesday, Nov. 24, there is no specific time frame for a ruling but that it would be "ruled on in due course."
In a separate lawsuit, a three-judge panel halted implementation of an OSHA rule requiring vaccines for workers in companies with 100 or more employees. The ruling said, “The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions – even, or perhaps particularly, when those decisions frustrate government officials.”
Following that ruling, OSHA withdrew its vaccine mandate plans.
